Moore v. CSS Industries, Incorporated

On February 24, 2011, citizen enforcer John Moore and settling defendant CSS Industries, Incorporated ("CSS"), reached an out-of-court Settlement Agreement, which resolved Moore's allegations that CSS sold gift bags with handles containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California without providing the requisite health hazard warnings.

As part of the settlement, CSS agreed not to sell any gift bags in California after February 25, 2011, unless the gift bags contain less than or equal to 1,000 parts per million of DEHP in any component that can be touched or mouthed when analyzed using state or federally approved testing methodologies. Should CSS comply with these heightened standards by February 25, 2011, then Moore agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $68,000, divided therein between civil penalties, 75% of which are paid to California's Office of Environmental Health Hazard Assessment, and compensation to whistleblower Moore and his counsel for their successful enforcement of this matter in the public interest.